Shambhu Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14685 of 2019 ====================================================== Shambhu Kumar Mahto, S/o Jaikishun Mahto, Ward No. 06, Village- Khilhi Basania, Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Excise Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Madhubani.

3.

The Thana Incharge P.S.- Lakkha, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Soban Asghar For the Respondent/s :

Mr.Vivek Prasad ( Gp7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-01-2020 Heard learned counsel for the petitioner and the respondents.

The petitioner prays for release of Hero Splendor Pro Motorcycle bearing Registration No. BR-06AT-9122 which has been seized in connection with Laukaha P.S. Case No. 257 of 2018, for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) and of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner invites our attention to the order dated 18th January, 2020 passed in CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State of Bihar & Ors. and prays for disposal in terms thereof.

Patna High Court CWJC No.14685 of 2019(3) dt.21-01-2020 2/2 As such, as prayed for, on mutually agreed terms, we dispose of the present petition in terms of the order dated 18th January, 2020 passed in CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State of Bihar & Ors. making the terms contained therein, applicable mutatis mutandis, insofar as applicable, also to the instant petition. The terms of the said order shall be deemed to have been incorporated and read as a part and parcel of the present order. It shall be obligatory on the part of the instant parties to place on record of the authorities under the provision of the Bihar Prohibition and Excise Act, 2016, a copy of not only the order passed in the instant petition, but also that of CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State of Bihar & Ors. which can be conveniently downloaded from the internet.

No order as to costs.

Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ranjeet/- U